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STATE v. TARTAGLIA

No. 10253.

773 P.2d 356 (1989)

108 N.M. 411

STATE of New Mexico, Plaintiff-Appellant, v. Carlos TARTAGLIA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 18, 1989.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Gail McQuesten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Jacquelyn Robins, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

BIVINS, Chief Judge.

The state appeals the trial court's dismissal of the indictment against defendant on speedy trial and due process grounds. In a memorandum opinion filed December 27, 1988, we reversed. Defendant timely filed a motion for rehearing, urging this court to decide which party has the burden of proof on the speedy trial issue, and arguing for remand rather than reversal. We now withdraw our earlier opinion in this case and substitute...

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